3.15: Originating application for judicial review

Case Summary

The Applicants filed an Originating Application for an Order quashing a City of Calgary bylaw which adopted a proposed Area Structure Plan for the proposed community of Providence.

One of the issues the Court was required to resolve was the applicable time limit for filing an Originating Application for this relief. Section 537 of the Municipal Government Act, RSA 2000, c M-26 (“MGA”) sets a 60 day time limit for Applications declaring a bylaw to be invalid. However, Rule 3.15(2) sets a 6 month timeline for Applications for Judicial Review. This Application was filed more than 60 days but less than 6 months after the impugned bylaw was passed.

The Court clarified that the procedural grounds for Judicial Review fall outside of section 537 of the MGA. In this case, some of the arguments raised by the Applicants related to allegations of an apprehension of bias which the Court ruled were not barred by the time limit in section 537. The Court ruled that the remaining grounds raised in the Application were in fact barred by the MGA.

The Application was granted. Sullivan J. concluded that the Council’s interpretation of the MGA, and therefore its passing of the Bylaw, was patently unreasonable in the circumstances. The parties were then invited to speak to Costs within 60 days if they could not agree.

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